The Indian Health Ministry supported this petition, while the Home Ministry opposed such a move. 43 Subsequently, there was a significant intervention in the case by a Delhi-based coalition of lgbt, women's and human rights activists called 'Voices Against 377 which supported the demand to 'read down' section 377 to exclude adult consensual sex from within its purview. Union of India edit Main article: Navtej Singh Johar. 59 Announcing the verdict, the court reversed its

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own 2013 judgement of restoring Section 377 by stating that using the section of the IPC to victimize homosexuals was unconstitutional, and henceforth, a criminal act. 63 Supreme Court 2018 verdict edit Consensual adult gay sex is not a crime and article 14 and 21 of Indian Constitution contradict the present view of Section 377. It would lead to a big health hazard and degrade moral values of society." This view was shared by the Home Ministry. 56 2016 judgement edit On 2 February 2016, the final hearing of the curative petition submitted by the Naz Foundation and others came for hearing in the Supreme Court.

8 Right to privacy edit On, the Supreme Court of India held that the Right to Privacy is a fundamental right protected under Article 21 and Part III of the Indian Constitution. Retrieved 3 November 2017. "Section 377 in The Indian Penal Code". 21 Human Rights Watch also argues that the law has been used to harass HIV/aids prevention efforts, as well as sex workers, homosexuals, and other groups at risk of the disease, 22 even though those found guilty of extortion in relation to accusations that relate. 17 11 December 2013 judgement of the Supreme Court, upholding Section 377 was met with support from religious leaders. Retrieved "The Hindu on 377 and Right to Privacy". "Delhi High Court overturns ban on gay sex". People cannot consider themselves to be exclusive of a society. Decriminalising homosexuality may create a breach of peace. 3 4 5, that judgement was overturned by the Supreme Court of India (SC) on 11 December 2013.

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The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. Retrieved eela Bhatt (3 February 2006). We are regressing, going back to when we were almost like animals. Explanation : Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. Union of India In 2018, the five-judge constitutional bench of the Supreme Court consisting of chief justice Dipak Misra and justices Dhananjaya. The judgement further stands as an example for the court's capacity to counteract societal exclusion and marginalization of the community by upholding Articles 14, 15, 19 and 21 of the Constitution of India which promises liberty of thought and expression, equality of status and opportunity. 49 Eventually, in a historic judgement delivered on, Delhi High Court overturned the 150-year-old section, 50 legalising consensual homosexual activities between adults. The two-judge bench went on to hold that: gutter i oslo body to body massasje oslo homoseksuell If there is one constitutional tenet that can be said gutter i oslo body to body massasje oslo homoseksuell to be underlying theme of the Indian Constitution, it is that of 'inclusiveness'. Retrieved 30 December 2017. "India decriminalises gay sex in landmark verdict". 15 16 Public perception edit Main article: Homosexuality in India Participant carrying a poster on Section 377 during Bhubaneswar Pride Parade Support edit In 2008 Additional Solicitor General PP Malhotra said: "Homosexuality is a social vice and the state has the power to contain. "BJP supports decriminalization of homosexuality: Shaina NC". The Court also called for equality and condemned discrimination, stated that the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the lgbt population are real and founded on constitutional doctrine. Rameshan, Radhika (13 December 2011). If it is allowed then the evil of aids and HIV would further spread and harm the people. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the lgbts are. "Ban on gay sex violates international law". Equality demands that the sexual orientation of each individual in society must be protected on an even platform. Usually divisive and almost always seen tearing down each others religious beliefs, leaders across sections came forward in decrying homosexuality and expressing their solidarity with the judgement." 18 The Daily News and Analysis article added that Baba Ramdev, India's well-known yoga guru, after praying that. Retrieved 11 September 2018. NCT of Delhi" (PDF). Thakur said that all the 8 curative petitions submitted will be reviewed afresh by a five-member constitutional bench. "Political Leaders React To Supreme Court Judgement On Sec 377". 53 After initially opposing the judgement, the Attorney General. Retrieved "Right to Privacy Judgment Makes Section 377 Very Hard to Defend, Says Judge Who Read It Down". As the case prolonged over the years, it was revived in the next decade, led by the Naz Foundation (India) Trust, an activist escort sandvika free bøsse nude chat group, which filed a public interest litigation in the Delhi High Court in 2001, seeking legalisation of homosexual intercourse between consenting adults.

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They constitute the essence of liberty and freedom. Naz Foundation appealed to the Supreme Court against the decision of the High Court to dismiss the petition on technical grounds. The Supreme Court decided that Naz Foundation had the standing to file a PIL in this case and sent the case back to the Delhi High Court to reconsider it on merit. Equal protection demands protection of the identity of every individual without discrimination. 9, this judgement was believed to imply the unconstitutionality of section 377. "Gay Rights is matter of Public Interest: SC". However, she left her job because she was afraid of people finding out about her sexuality. Retrieved "Statements of Sonia, Rahul Gandhi and Kapil Sibal on Section 377 exposes character of Congress leaders: Baba Ramdev". Supreme Court of India. "Reverse swing: It may be an open affair for gays, lesbians".